Informal and Formal Resolution

SMSU has a duty to take timely and appropriate action to stop behavior prohibited by Board Policy 1B.3 Sexual Misconduct, conduct investigations and take appropriate action to prevent recurring misconduct. 

Informal Resolution

The Title IX Coordinator may offer an informal resolution process if a formal complaint is filed and after providing both parties with a notice of allegations. The parties must voluntarily consent, in writing, to the informal resolution process. At any time before agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the process with respect to the formal complaint. This procedure neither prevents nor requires the use of informal resolution by individuals who believe they have been subject to conduct prohibited in Board Policy 1B.3. Informal resolution must not be used to resolve allegations of sexual misconduct by an employee toward a student.. 

Informal Resolutions can include but are not limited to:

• Restorative Justice or Restorative Practices
• Victim Impact Statement
• Letter of Apology
• Education and training

Formal Solution

For the complete Formal Resolution process, please review the 1B.3.1 Response to Sexual Misconduct.

If the informal resolution process has not resolved the complaint within a reasonable period of time to the satisfaction of the Title IX Coordinator, the procedures in this subpart must be followed. In this process, the Title IX Coordinator will issue the final investigation report and refer the matter for a formal hearing.

Formal Hearing Process

The formal hearing is a live meeting that may occur in person or via video technology. During the formal hearing, the decision-maker, complainant, and respondent must be able to simultaneously see and hear each other or a witness while that person is speaking. All formal hearings will be recorded, and the complainant and respondent may request a copy of the recording from the Title IX Coordinator following the hearing, which may only be used in relation to the formal hearing and decision, including any appeal. No unauthorized recordings are permitted.

Person who may be present for the formal hearing include the Title IX Coordinator or designee, decision-maker, investigator(s), the complainant and their advisor, and the respondent and their advisor, as well as anyone providing authorized accommodations, interpretation, and/or assistive services. Witnesses are present only during their portion of the testimony. 

For additional formal hearing process information, please review the 1B.3.1 Response to Sexual Misconduct.